How Do I Claim Compensation for Mesothelima?
People who are diagnosed with mesothelima and other asbestos-related illnesses were almost exposed to asbestos without their knowledge. Again, they did not know asbestos was very dangerous. This is an example of employer negligence, and patients are usually eligible for financial compensation. This process is done by filling a mesothelima claim.
Each state has a set time frame, called a statute of limitations, during which mesothelioma claims must be filed. The average length of time is between two to three years from the time of a cancer diagnosis, so it’s important to contact an attorney as soon as possible. If you do choose to move forward with a mesothelioma lawsuit, there are two types of claims mesothelioma lawyers file.
Types of Mesothelioma Claims
There are different types of mesothelioma claims, and it’s possible to file more than one, depending on the case and situation. Keep in mind each state has a different statute of limitations or a mesothelioma claim time limit in which to file a claim. The average length of time lasts between two to three years after a mesothelioma diagnosis. The takeaway here is that timing is essential, so take legal action now.
Personal Injury Mesothelioma Lawsuits
This claim provides compensation for medical expenses, lost wages, and additional pain and suffering that may occur as a result of a mesothelioma diagnosis. Personal injury lawsuits must be filed while the mesothelioma patient is alive.
Wrongful Mesothelioma Death Claims
Families who have lost a loved one to mesothelioma may file a wrongful death lawsuit. This claim provides compensation for past medical bills, loss of income, and even funeral expenses.
Department of Veterans Affairs (VA) Claims
Veterans who have mesothelioma as a result of asbestos exposure during their time in the armed forces may apply for benefits through the VA. This compensation includes disability payments and may be used to cover a mesothelioma patient’s medical bills.
VA claims also include survivor benefits, otherwise known as indemnity or dependency compensation, for family members. Keep in mind that filing a VA claim doesn’t mean you’re suing the government. As a veteran who served your country and worked with asbestos, you have a right to compensation.
How Long Does it Take to File a Mesothelioma Claim?
The short answer: it depends. If the statute of limitations is about to expire, a case can be filed immediately. However, it takes time — usually a minimum of six months — to gather all of the necessary information. Mesothelioma cases involve more than just a medical diagnosis. The legal team must determine the length of time and amount of asbestos a patient was exposed to, find and question witnesses, and include expert testimony where appropriate.
There are several variables that can affect the legal claims process, including:
Legal venue-or the location where the case is heard — is an important factor when filing a mesothelioma claim. Cases can involve multiple companies and locations, meaning there may be multiple venue options. Some legal venues expedite mesothelioma cases if the injured party is still living, though many do not. In locations where venues do not expedite cases, it can take over a year for the case to be heard. Mesothelioma Hub has relationships with law firms in ideal legal venues. This gives patients and families the best chance of success in speedy trials and the best possible outcome that these law firms can achieve.
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